The Dora Siliya tribunal has been informed that the minister had no power to cancel a duly awarded contract for the supply and installation of a Radar system at the Lusaka and Livingstone airports.
Purchasing and Supplies officer in the Ministry of Communications and Transport,Isaac Mukupa, disclosed this during the continued sitting of the tribunal in Lusaka yesterday.
Mr. Mukupa said Ms. Siliya had no authority to cancel the tender award because she is not part of the procurement system for the ministry.
He further submitted that Ms. Siliya did not follow the right procedure when she notified the Zambia Public Procurement Authority of the cancellation of the tender.
Mr. Mukupa said he was not aware of any instructions from the minister to the permanent secretary over the cancellation of the tender.
Meanwhile the petitioners’ lawyer Winter Kabimba has subpeoned Mr. Mukupa to present to the tribunal the two documents related to the tender.
The documents are the internal memorandum relating to the procurement of the Radars.
[ZNBC]
Do we have a Case or not ? That is what is important!!
You will know this after testimony from all the witnesses called to the stand.
Yes Jamaco, ofcourse there is a case to be ansewered but you know the rule of law: the accused is innocent until proved guilty. The court has to hear the witnesses first before a jury can decide on a verdict. We are watching.
Dora knows nothing much for the pipo hence we can send her back to reading the news so that she can stay away from politics
Number one at the tribunal
The woman is as guilty as hell. Is just that she’s got presidential backing for now
Well things will start rolling now. All that is needed is a blue print. Well bail is Cheap pa Zed for people of her integrity. So she already knows what to do when things get tight. I wonder why she is still in office.
Again, she’s still in office because the boss has decided.
Jamaco, thats my wonder as, too. But, one hasn’t got to think hard to know that she’s been given a chance to shred and burry evidence. It wouldn’t be surprising that she is sharing the loot with her backers. RB is coming from a stealing background, mind you.
Peter you have point !! Normally if someone is being investigated it makes sense for them to be put on leave so that they do not temper with material that may be useful. In this case she can do anything to shred all the information that may be available to start with.
Normally she should let the tribunal officials search her offices and her house for government papers that fall in this line.
I am sure she has already done her part, paid off the important witness and sent some on holidays. Some witnesses just called her and asked her to make a money transfer otherwise they would go public. There is a lot happening behind those curtains (or Sunglasses).
It may already be too late.
reminds me of the Movie “Catch me if you can” from Leonardo DiCaprio
We shall wait and see. Only the truth will set her free.
Where is the lot that stood by this corrupt lady, lets hear your voices. Red Lipped Viper Kunda stood by Bulaya, in the same fashion he is doing for Dora the Builder, where is Bulaya? Even Levi backed him a bit till popular out cry forced him to rescind his decision. This Dora is going the same path.
Muntuza, you are right. The fact is people have lost confidence in the judicial system of Zambia such that they are now just standing up for justice.
Dora, next one to go in. Aaaaaahh, wapya napanga iwe.
Dora is now going in……..
This is interesting but give Dora a chance, she is not guilty until proven otherwise
Ukutemwa good milile !
Ba Dr Maureen ati shani? Naimwe bene ukutemwa good minwine (Castle) ! Lol
This is what happens when ministers are politicians and opportunists rather than qualified technocrats. I wish RB could ‘bite’ her!
Make no mistakes. RB, can’t bite her. The people of Zambia will. Did Levy bite Kashiwa Bulaya? No. In fact he defended him tooth and nail. But, the people of Zambia simply said, no. Enough is enough. How do you expect RB as corrupt as he is to bite her? In fact he has been defending her.
Oh gosh no!! What happened to innocent until proven guilty? Dear Dora, am right behind you. By the way, looking good too. I think most people are just jealous of you. You seem to get knocked down when you are only trying to do your job. Be strong and stand your ground. If they get rid of you, it will be their loss
It seems this dora siliya is really untochable..her case is straight forward looking at the evidence coming up..george kunda as he works hard trying to remove mutembo as private task force prosecutor,he shld also advise ba RB,to remove ba dora beene aba frm cabinet.
I would not be suprised if Dora confessed that Kunda the VP had a share of these corrupt practises. If RB and Kunda really want to maintain Dora in cabinet, which seems to be so, then Isaac Mukupa is fired. Imwe ba RB, Dora must take leave atleast. Bushe tamulemona mwa. Pantu kunda akana, ninshi naimwe kuloleshafye. The truth is, there’s nothing like a rumour pa Zed – No smoke without fire, baba. Dora did not act professionally.
Hope Dora wont cry foul or take advantage and use her bo-tom power to get away
Not suprising
Haha this is a nice story. How true is the evidence given
On “Mr. Mukupa said Ms. Siliya had no authority to cancel the tender award because she is not part of the procurement system for the ministry”, interesting but what happen ultimately. She seems to have succeeded in cancelling the tender to the best of my knowledge.
In the meantime, I have heard rumours that Mr Chibombamilimo has joined the PF following his expulsion from the MMD.
Also, it has been highlighted that the PF Leader Undereducate Mr Michael Chilufya Sata is in South Africa for medical reviews counter to PF political party’s spokesman Mr G. Lubinda’s contrary statements quoted by the Zambianwatchdog. Let us wait and see what is the exact truth of this matter.
Reading the verbatim reports in the Post, I get the impression that the allegations are not fairing well during cross examination. They sound more like hearsay and the defence lawyers are making legal capital out of that ……. but we wait and see. However if the civil society does not do a good job to prove their allegations, they should not cry foul. We accept the verdict and move forward.
#17 You have succinctly said it . The aim of the tribunal is not to find Ms siliya with a case per se but rather establish the truth. This in my view is very health for our country with regards to principles of good governance .
We have had enough. She has to go
naikosa
There was no contract signed, therefore there was no contract cancelled. The simple deductions from basic contract knowledge. The contract notification is no contract at all. To prove that a contract was present without the signing thereof is as impossible as trying to squeeze blood out of steel.
On the other hand cancelling a tender is squarely within the ministers’ mandate if for any reason suspicion and cause for a possible malpractice, misdirection or misallocation could be suspected. In this case, already a willing party to serve the country billions had offered to meet his contract obligations by carrying out due maintenance of works which were to result in huge cost savings.
The onus is for the accusers to prove that a contract was actually signed. There is no evidence whatsoever that a contract was signed. This is too simple to even take before a tribunal to prove. Everything is in black and white, everyone implicitly admits that no contract was signed. So what is the hitch? Mistaking the cancellation of a tender for a cancellation of a contract is just absurd.
There is no fight against corruption in Zambia but the fight against political opponents. If you fall out of favour with the ruling party then you are corrupt and instantly they hand you over to the ACC and task force. This is what has been happening, take the Nyorongo’s case. She was against LPM’s nephew becoming a PS at the ministry of Lands..this meant a sin against Mwanawasa and spelled her down fall. Mwanawasa immediately handed her to the ACC and task force. The case of Dora is the same as other cases in Chiluba and Mwanawas regimes. But Dora since she is favour of RB she cant be suspended. So let us stop singing a song of fight against corruption coz the fight is nauseatingly…
There is no fight against corruption in Zambia but the fight against political opponents. If you The case of Dora is the same as other cases in Chiluba and Mwanawas regimes. But Dora since she is favour of RB she cant be suspended. So let us stop singing a song of fight against corruption coz the fight is nauseatingly selective.
To put it another way, an award is in itself a preriquisite to a contract and not a contract itself untill both parties have signed the contract. The fact that the tender commitee awarded the contract to some company does not mean that a contract was signed. Clearly, one party to the would be contract was not willing to sign the contract shown by the fact that the GRZ representative had advised the permanent secreatary not to go ahead with the contract. The GRZ, one party to the contract were an unwilling party therefore how on earth can someone state that GRZ signed a contract?
Nor is there any evidence that the contractor who was awarded the contract had been instructed to carry out part of the obligations of the contract. Not a finger had been moved since no instructions or actual signing of contract was undertaken.
I have always seen Harrington as a simple opportunist, no brains to talk about.
#24 Forensic, you reason like my year two son, who promises to give you some of his sweet but not until he has had the better of it. When a party has been awarded a contract it simply means the contract is theirs to fulfill and if they turn round and say they cant that constitutes a breach. If any company was awarded a contract and Dora sought to annul that contract GRZ could be cited and may lose huge sums as payout. Companies go to great lengths meeting tender procedures and processes. Now that’s free knowledge my dear. William Harrington opportunist? OMG, better look elsewhere coz you are looking in the wrong place mudala.
Muntuza says: I am afraid to say this, but it is the honest fact, you are simply very ignorant. A contract was never signed or part of the terms of the would be contract ever executed. The award of contract is promise to engage in a contract. What you fail to see is that after an award is given, what follows is the actual signing or execution of the contract. You can never have a contract between two parties where one is unwilling . Who do you suppose signs the contract on behalf of GRZ? Tender board? Whilst tenderboard awards contracts, GRZ is the party to the contract. Do you understand this?
Tender board is never a Party to a contract by virtue of being adjudicators of tenders. You can never claim against a party if no actual contract is signed or instruction to execute items and obligations of a contract are not issued. The timely advice or notice to cancell the tender protected GRZ against any obligations.
Whether the contract was signed or not, the fact remains that Dora got illegally involved in the whole process. She has no authority to get involved Period man!!!!!.
Muntuza
For you the notification for award is the contract itself. Y
The same goes for the other issue concerning RP. The MoU is condition to a would be contract and not a contract itself. The final aproval by Parliament by every imaginable reason nullifies it (MoU) to be a contract. That is the main reason why terms and obligations only found in a contract could not be attached to it.
Kambongolo
That is simply your opinion. The back ground to the whole allergations has been over the issue of cancellation of a contract. The whole argument by accusers has been that Dora cancelled a contract. Which is simpply not true. The hype and talk of the accusers has been centred on this issue. Where is the case now that even some of the accusers are now waking up from the POST induced slumber to infact admit that no contract was actually cancelled? The Gospel according to the POST have proved fake once more.
Maestro Hhehhehhehhe, why are you so obssesed with Sata? Don’t you think its unhealthy for you because you can have a heart attack for nothing. Just join politics and do as Sata does or better still, drink cold water whenever you remeber him just to cool your nerve. I am jsut giving you important medical advice. We have lost a lot of people as a result of unnecessary strokes like the one you are about to develop.
Thanks my friend. However, ask yourself why you have not lost me? The good Lord God has been good to me and nicely providing life. On “Maestro Hhehhehhehhe, why are you so obssesed with Sata? ” I am not obsessed with the undereducate MC Sata. I merely give a comment like you have given which is health. Ask yourself why you have posted a comment on LT, the answer you will generate within yourself will be a similar reason to why I blog. Have a blessed day.
Forensic, why do you think attemped murder or threatening murder are actually treated as murder and people are jailed over the same. It is on record and memoranda are there signed by Dora instructiong her permanent secretary to write to the ZNTB to direct them to cancel and put in place another tendering process. Also, Isaac Mukupa tells us how a minister is in no way part of the procurement process in any ministry, isn’t that abuse of office to you? When are we ever going to get it in Zambia? It is people like you who prop up such kind of behaviour by supporting blindly even when you know things are wrong. If she was not subjected to the tribunal, you think she would have stopped?
Dr.real brain,
You are right man. To him Dora has done nothing wrong since she is in the ruling party. That’s why the fight against corruption has become meaningless but very evident that its a fight against political opponents. We have become sounding gongs such that Chiluba now is looking clean. This is because we are applying this fight selectively. Look at how Bulaya was nearly saved by Mwanawasa and Kunda. Its really sad what is happening in Zambia. We have to be ashamed that we have patched Chiluba and company so hard while we are embracing other corrupt people. It is a shame.
Dr. Real Brain A person accused of Attempted murder is treated as though he has actually committed murder? Under which law? I believe that is one of the strangest statements I have ever come across. Have you read my previous postings? The intervention of the Minister in cancelling the tender was well within her right. No contract was entered into between GRZ and the awarded bidder.
The fake dr real brain tell us more.
Maestro Hhehhehhehhe, I see. Its okay but try to be a little more objective. Education to some people enhances their rural idiocy and makes them very weird folks who have nothing to contribute on earth. It simply gives them the tools of witch craft. Thats why there has been a paradigm shift in many countries from Education to Education and Skills Development. Most people you call educated in Zambia do not have anything to offer because they just got educated through regurgitation and theirfore lack basic skills to produce anything. If you can’t make anything regardless of how educated, then you are useless.
Man you have hammered the nail on the head. It I really surprising to note with sadness how undereducated- educated people can be. The undereducated-educated people fail to understand the meaning of education. They fail to differentiate formal and informal educations. They think learning European theories that’s all about education. Its only a poor damn mind that can think so. In grade 12 with my little education I had dropped what was called human geography….I don’t if this is the right name but you know it you who did it. The reason I advanced to my teacher o my teacher for dropping it was that;
“ it was not making sense for to learn about the USA’s agricultural system while I know nothing about Zambia’s Agricultural system. Why not teach about Zambia Than America?? I am so happy now that America is out of the syllabus, Zambia’s biology is being told in Secondary schools.” So education is not about European theories alone but how any person’s theory, be a villager or what is applied in real life. Its mind puzzling how dull the undereducated-educated people can be.
Meant zambian geography is being told.
LT has since improved mwe since the last time I was here. Congrats
Forensic, you threaten me with murder and you will see how I will decypher your where abouts through your IP address and present you to the courts of law, then you will know under which law. I have never seen such blind followers and supporters like you. So you suppose Mukupa has no point in saying that a minister is not supposed to be part of the procurement process? She tried to interfere with a tender process that was done according to laid down procedures and had the Perm. Sec. not ignored her, she would have pulled the strings her own direction. Isn’t that abuse of office and by the way why was the perm sec fired or transfered from there? Isn’t that anothr cause for speculation?
Forensic and Heheheheh: Back to the basics. If amongst ten company that participated in a tender, ABC announces that my company has been awarded the contract, by law who is legally bound to meet that contract from the ten companies that were initially invited to tender? If you can answer this one correctly I will give you a hand-shake. I will bow to you mates.
A prima facie case of attempted cancellation has indeed been established against her. No wonder her defence team has been scamparing on the notion that since the boss of Tender Board did not cancel, there is no case. It’s like saying Funjika should be let free because he paid the money he stole back, no ways! By attempting to break the law, and we have written evidence to this effect, she has to taske Chimbokaila! By the way, many contributors here claim she is pretty, zero! With so much corena below her eye, like some dying creature, she is dead urgly to me.
Here is the scenario in the simplest form. You as owner of an estate instructs your manager to source a contractor for a job. The manager does it and informs the winning tenderer about his successful bid. At that stage you come in as the owner and instruct your Manager that you cant and will not go ahead with the deal for whatever reason. Are you telling me that based on the Manager s’ communication to notify the winning tenderer about his succesful bid that this puts you under obligation as the owner to go through and sign the contract?
Can someone in the know kindly give us a comprehensive analysis on the alledged travesty of justice.
Twapapata